- CHRISTOPHER’S MOTHER ALINA: “I JUST DON’T WANT ANOTHER BLACK CHILD AND FAMILY TO BE FAILED BY THE SYSTEM”
- SOUTH WALES POLICE ACCUSED OF “RACIST UNDERTONES” IN HANDLING DEATH OF BLACK TEEN.
By Jane Philips
It’s been almost 14 months since Christopher Kapessa died, but for his family, the fight for justice continues. Earlier this year, the Crown Prosecution Service (CPS) decided not to charge the suspect in his death for manslaughter, despite finding sufficient evidence to do so. Citing the suspect’s good school record, the body said it would not be in the public interest to pursue the case any further. Now, the decision of the CPS will be formally challenged in the High Court by the family and their supporters.
The body of Christopher Kapessa, a Black teenager from Mountain Ash, was found in the River Cynon, near Fernhill, Rhondda Cynon Taff on 1st July 2019. Christopher, who could not swim, had been next to the river with a group of white peers, when he was pushed, in what the CPS described as a deliberate act and a “foolish prank”.
The decision of the CPS not to prosecute anyone in relation to Christopher’s death will now be formally challenged in the High Court. On 20th October, Hilary Brown of Virgo Consultancy Limited, Michael Mansfield QC and Philip Rule of No 5 Chambers representing Alina Joseph, lodged an application for judicial review.
“There should be no segregation along racial lines when it comes to the pursuit of Justice”, said Hilary Brown, “It cannot be right that the death of a young black boy is of less value and importance than the career prospects of a young white boy.”
After South Wales Police initially concluded the death was accidental, the advocacy organisation, The Monitoring Group, launched a complaint on behalf of the family into the handling of the case. Suresh Grover, of the Monitoring Group, said there were “racist undertones” of South Wales Police’s handling of the matter. The family say key evidence was dismissed, the crime scene not secured and eyewitnesses not even spoken to.
“It was both frustrating and cruel for a black grieving family to experience real time police failures in the first few days and beyond,” says Mr Grover.
As a result of the complaint, a new police investigation was launched, but on 16 February 2020, the CPS decided that although there was sufficient evidence for a manslaughter charge, they would not press charges on the grounds on ‘public interest grounds’.
Legal representatives of Alina Joseph, the mother of Christopher, challenged the outcome by submitting a victims’ right of review. However, in a letter dated 20 July 2020, the CPS upheld its original decision.
Alina now hopes the High Court will issue an order forcing the Crown Prosecution Service to reverse its decision. In a statement, Alina expressed how she feels let down by the system:
“They have failed me, and they continue to fail black families as victims, witnesses and suspects across the country,” she said. “I am seeking justice not revenge. I just don’t want another black child and family to be failed by the system.”
Christopher’s case has attracted national attention. It gained prominence during the global Black Lives Matter protests and the campaign petition has so far attracted over 87,000 signatures.
Hilary Brown highlighted how the case is representative of wider issues around racism: “Injustice anywhere is a threat to justice everywhere and we cannot stand by and allow this to happen.”
South Wales Police have previously said it had “full confidence” in its investigation and in response to the CPS upholding its decision not to prosecute in July, a spokesman said the force was “committed to implementing any opportunities for learning”.
